1) With in One month C/Off should be used. 2) Leave encashment will be done only on Basic+DA 3) No, It is not against law. Rgds PGR
From India, Hyderabad
14From India, Hyderabad
Hi Amruta :
Here is the COMPENSATORY LEAVE policy of our company. It may be helpful to you :
COMPENSATORY LEAVE
Eligibility: Manager and above are not eligible.
Office staff applicability:
The compensatory day off must be availed within month after which the employee has worked on a weekends/holiday else it will lapse. The choice of day off should be on the approval of the manager. The employee has to work first and then claim the compensatory off and not vice versa. To become eligible for compensatory off minimum work hours put in should be atleast 6 hours with prior approval.
Comp.offs cannot be accumulated in paid leave balance and cannot be encashed. Compensatory off cannot be claimed by employees when they work from home.
- Gia
From India, Pune
Here is the COMPENSATORY LEAVE policy of our company. It may be helpful to you :
COMPENSATORY LEAVE
Eligibility: Manager and above are not eligible.
Office staff applicability:
The compensatory day off must be availed within month after which the employee has worked on a weekends/holiday else it will lapse. The choice of day off should be on the approval of the manager. The employee has to work first and then claim the compensatory off and not vice versa. To become eligible for compensatory off minimum work hours put in should be atleast 6 hours with prior approval.
Comp.offs cannot be accumulated in paid leave balance and cannot be encashed. Compensatory off cannot be claimed by employees when they work from home.
- Gia
From India, Pune
Chill Chill Chill Buddy !!
Answers of your queries are :-
1. What is the validity of comp off should be taken withing the period (e.g.1 month, quarter or year)
Answer : Need to make it quarter (for employee’s benefit) and make a record of it for quick reference.
2. Our employees are refusing to take comp off pay on basic salary they are saying that while cutting from salary i.e. LWP all competences where deducted & paying leaves & comp off will be calculated on basic. What is the actual rule for comp off or leaves paid off?
Answer : Leave encashment and Comp offs will be on Basic+DA – ask them to avail comp offs before they will lapse and if they want cash benefit they will get Basic + DA. If they are refusing then let them refuse till then Comp off will laps.
3. Is this against the law if we pay leaves to employee on basic salary.
Answer : No you are not against any law to pay leaves on basic salary + DA.
Hope I am clear!!
Chill HR !!
https://www.facebook.com/HRGang
From India, Gurgaon
Answers of your queries are :-
1. What is the validity of comp off should be taken withing the period (e.g.1 month, quarter or year)
Answer : Need to make it quarter (for employee’s benefit) and make a record of it for quick reference.
2. Our employees are refusing to take comp off pay on basic salary they are saying that while cutting from salary i.e. LWP all competences where deducted & paying leaves & comp off will be calculated on basic. What is the actual rule for comp off or leaves paid off?
Answer : Leave encashment and Comp offs will be on Basic+DA – ask them to avail comp offs before they will lapse and if they want cash benefit they will get Basic + DA. If they are refusing then let them refuse till then Comp off will laps.
3. Is this against the law if we pay leaves to employee on basic salary.
Answer : No you are not against any law to pay leaves on basic salary + DA.
Hope I am clear!!
Chill HR !!
https://www.facebook.com/HRGang
From India, Gurgaon
It is against law since factories act says that no employee can work without off for more than 10 days. every employees should get weekly off after 6 days. as per factories act weekly off should be Sunday but it can be changed with prior approval from factory inspector.
if some employee works on weekly off then he should be allowed to take COFF within three days after that.
From India, Mumbai
if some employee works on weekly off then he should be allowed to take COFF within three days after that.
From India, Mumbai
PGR is right that C/off should be used within the month, Leave encashment should be on gross salary instead of basic+da payment on basic+da is against law. thanks & regards, From, Sumit Kumar Saxena
From India, Ghaziabad
From India, Ghaziabad
Dear Pratima,
Is this the right thing we are doing for carry forward the 20 leaves? or we have to change the same?
Also if we pay off the leaves on Basic salary is it against the labour Law?
Regards,
Amruta
From India, Pune
Is this the right thing we are doing for carry forward the 20 leaves? or we have to change the same?
Also if we pay off the leaves on Basic salary is it against the labour Law?
Regards,
Amruta
From India, Pune
Hello Suhas,
You are assuming that the person is from a factory.
I believe Factories act is applicable only to factories and such units and not to the private firm or companies that has no production or factory as such.
For that we have companies act, shop and establishment act, etc.
There are different acts for different firms, depending on where you fall.
Since it is not mentioned if Amruta belongs to a factory, it is very much possible that she may not be belonging to factory as the probability is same.
If the firm she's working for is not covered by factories act, the solution provided by GurgaonHR is perfect to the best of my knowledge.
From India, Mumbai
You are assuming that the person is from a factory.
I believe Factories act is applicable only to factories and such units and not to the private firm or companies that has no production or factory as such.
For that we have companies act, shop and establishment act, etc.
There are different acts for different firms, depending on where you fall.
Since it is not mentioned if Amruta belongs to a factory, it is very much possible that she may not be belonging to factory as the probability is same.
If the firm she's working for is not covered by factories act, the solution provided by GurgaonHR is perfect to the best of my knowledge.
From India, Mumbai
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